Judicial Review of Administrative Action

Judicial Review of Administrative Action
Author: Swati Jhaveri
Publisher: Cambridge University Press
Total Pages: 447
Release: 2021-03-18
Genre: Law
ISBN: 1108481574

Download Judicial Review of Administrative Action Book in PDF, Epub and Kindle

Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.

Understanding Administrative Law in the Common Law World

Understanding Administrative Law in the Common Law World
Author: Paul Daly
Publisher: Oxford University Press
Total Pages: 321
Release: 2021
Genre: Law
ISBN: 0192896911

Download Understanding Administrative Law in the Common Law World Book in PDF, Epub and Kindle

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Understanding Administrative Law in the Common Law World

Understanding Administrative Law in the Common Law World
Author: Paul Daly
Publisher: Oxford University Press
Total Pages: 320
Release: 2021-08-05
Genre: Law
ISBN: 0192650874

Download Understanding Administrative Law in the Common Law World Book in PDF, Epub and Kindle

Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law. Through comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand, the author develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy, and decisional autonomy. The interaction of this plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies, and the scope of judicial review. Addressing this wide array of subjects in detail, the book demonstrates how a pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance our understanding of administrative law. Furthermore, such an approach can guide the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. The book closes by arguing that the author's values-based, pluralist framework supports the legitimacy of contemporary administrative law which, although sometimes called into question, facilitates the flourishing of individuals, of public administration, and of the liberal democratic system.

Vigilance and Restraint in the Common Law of Judicial Review

Vigilance and Restraint in the Common Law of Judicial Review
Author: Dean R. Knight
Publisher: Cambridge University Press
Total Pages: 309
Release: 2018-04-19
Genre: Law
ISBN: 110719024X

Download Vigilance and Restraint in the Common Law of Judicial Review Book in PDF, Epub and Kindle

Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.

French Administrative Law and the Common-law World

French Administrative Law and the Common-law World
Author: Bernard Schwartz
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 392
Release: 2006
Genre: Administrative courts
ISBN: 1584777044

Download French Administrative Law and the Common-law World Book in PDF, Epub and Kindle

Schwartz provides a masterly exposition of administrative law through a comparative study of the French droit administratif, arguably the most sophisticated Continental model. As Vanderbilt points out in his introduction, this is an important field that involves much more than administrative procedure. It deals directly with some of the most crucial issues of modern government regarding the distribution of power between governmental units, the resulting effect on the freedom of the individual and on the strength and stability of the state. Reprint of the sole edition. "[T]his book represents a significant achievement.... Unlike so many volumes that roll off the press these days, it fills a real need; and, though perhaps not the definitive work in English on the subject, it fills it extremely well." --Frederic S. Burin, Columbia Law Review 54 (1954) 1016 Bernard Schwartz [1923-1997] was professor of law and director of the Institute of Comparative Law, New York University. He was the author of over fifty books, including The Code Napoleon and the Common-Law World (1956), the five-volume Commentary on the Constitution of the United States (1963-68), Constitutional Law: A Textbook (2d ed., 1979), Administrative Law: A Casebook (4th ed., 1994) and A History of the Supreme Court (1993).

Controlling Administrative Power

Controlling Administrative Power
Author: Peter Cane
Publisher: Cambridge University Press
Total Pages: 609
Release: 2016-03-31
Genre: Law
ISBN: 1107146356

Download Controlling Administrative Power Book in PDF, Epub and Kindle

An historical and comparative explanation of some puzzling differences between the administrative law of England, the USA and Australia.

Executive Decision-Making and the Courts

Executive Decision-Making and the Courts
Author: TT Arvind
Publisher: Bloomsbury Publishing
Total Pages: 576
Release: 2021-02-25
Genre: Law
ISBN: 1509930353

Download Executive Decision-Making and the Courts Book in PDF, Epub and Kindle

In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The 'Quartet' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review. These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.

Judicial Review of Administrative Action

Judicial Review of Administrative Action
Author: Hilary Delany
Publisher: Virago Press
Total Pages: 281
Release: 2001
Genre: Administrative law
ISBN: 9781858002200

Download Judicial Review of Administrative Action Book in PDF, Epub and Kindle

Judicial Review of Administrative Action - A Comparative Analysis, reviews developments in this sector of the law in Ireland, as well as examining evolving principles elsewhere in the common law world. Comparative, this text also highlights common trends and substantial divergences, to illustrate and question how the judiciary have approached very similar issues in different jurisdictions. Analytical, it focuses on jurisdictional error, control of the exercise of discretionary powers, and legitimate expectations and fair procedures.

Facts in Public Law Adjudication

Facts in Public Law Adjudication
Author: Joe Tomlinson
Publisher: Bloomsbury Publishing
Total Pages: 325
Release: 2023-10-19
Genre: Law
ISBN: 1509957405

Download Facts in Public Law Adjudication Book in PDF, Epub and Kindle

This book explores critical issues about how courts engage with questions of fact in public law adjudication. Although the topic of judicial review - the mechanism through which individuals can challenge governmental action - continues to generate sustained interest amongst constitutional and administrative lawyers, there has been little attention given to questions of fact. This is so despite such determinations of fact often being hugely important to the outcomes and impacts of public law adjudication. The book brings together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. The various chapters consider where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues that are underpinned by complex and contested social or policy questions. The book also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts. The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making.

Administrative Law and Judicial Deference

Administrative Law and Judicial Deference
Author: Matthew Lewans
Publisher: Bloomsbury Publishing
Total Pages: 272
Release: 2016-01-28
Genre: Law
ISBN: 178225336X

Download Administrative Law and Judicial Deference Book in PDF, Epub and Kindle

In recent years, the question whether judges should defer to administrative decisions has attracted considerable interest amongst public lawyers throughout the common law world. This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions – the United Kingdom, the United States of America and Canada – over the past 100 years. This comparison demonstrates that the idea of judicial deference is a valuable feature of modern administrative law, because it gives lawyers and judges practical guidance on how to negotiate the constitutional tension between the democratic legitimacy of the administrative state and the judicial role in maintaining the rule of law.